JUSTICE HARESWAR BARUAH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioner, who served as Judge of the Gauhati High Court with effect from 4.7.2007 and retired from service, on attaining the age of superannuation, on 01.11.2011, has filed this writ petition making a grievance that he has been deprived of certain allowances illegally, which he is entitled to, despite making claim for long. The allowances denied to him are:

(2.) IT is stated by the petitioner that Gauhati High Court comprises of seven states of the North Eastern region with Principal Seat at Guwahati and outlying Benches in the States of Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh till separate High Courts have been established in Mach, 2013, for the States of Manipur, Tripura and Meghalaya. Judges of the Gauhati High Court were/are required to serve in all the seven Benches throughout the region as per roster and allocation of Benches prepared and issued under the order of the learned Chief Justice. The service conditions of Judges are similar and akin to the officers of All India Services and they are entitled to Special Duty Allowance, Additional Monetary Incentive and Special Compensatory (Remote Locality) Allowance.

(3.) AFTER his retirement, the petitioner sent a notice, dated 6.5.2012, to the Secretary, Ministry of Law and Justice, Govt. of India, New Delhi, demanding payment of the aforesaid allowances, but his notice failed to yield any result compelling the petitioner to approach this Court by filing this petition with prayer for issuing direction to the respondent authorities to pay him the aforesaid allowances.